The renovation of an flat or home is simply a major investment – both financially and temporarily. Unfortunately, the end consequence does not always meet our expectations. There are method defects, plan deviations and even serious structural errors. What then? You have the right to claim damages and damages from the contractor. See how to effectively assert your rights!
Work contract – what rights do you have with defective renovation?
Most repairs are carried out on the basis of Work Agreementswhich obliges the contractor to supply a certain result. According to Civil Codeif the repair has been carried out defectively or contrary to the contract, the contractor shall be liable for the harm caused. In the event of defects, mention shall be made to the provisions relating to complaints in the sales contract.
Complaint of defective renovation – what can you do?
If you announcement a malfunction after the work is completed, you have the right to submit complaint. The contractor shall be obliged to:
- removing defects at your own expense,
- reimbursement of part of the amount paid,
- reduction in remuneration.
The client can set a time limit for repairs. If the contractor fails or refuses to act, you may request a refund. The time limit for the complaint is 2 years from the minute the work was given.
Compensation for damages – erstwhile can you receive them?
Failing renovation frequently causes additional losses – e.g. harm to floors, walls or installations. In that case, you can request compensationwhich will cover the costs of restoring the flat to its first state. For example, if a mistakenly installed hydraulic installation has caused flooding, you can request compensation for damaged furniture, floors and drying costs.
The legal basis is Article 471 of the civilian Codethat the contractor is liable for damages resulting from improper performance of the contract.
How do you win in court? The evidence is crucial!
If the contractor refuses to repair the damage, you can mention the case to court. To increase your chances of winning, collect:
- photographs documenting defects,
- expert opinions,
- invoices and written agreement,
- correspondence with the contractor.
The court may justice damages which will cover not only repair costs but besides additional losses (e.g. rent of flat during renovation).
Summary – don't be fooled!
Failing renovation is not the end of the planet – you have tools to enforce damages and damages. delight note that the contractor is liable not only for the amount paid but besides for all additional losses. If you have doubts, consult a lawyer who will aid you to successfully claim.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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Failed renovation? See how to get your money back and fix the damage!